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Crisis of the WTO dispute settlement system - MPIA
Červinka, František ; Šturma, Pavel (advisor) ; Urbanová, Kristýna (referee)
The Dispute settlement system of the World Trade Organization is in a crisis. The demise of the Appellate Body signals tough times for the multilateral trading system. The Appellate Body is now devoid of its adjudicators, their appointment blocked by the US. The celebrated system of dispute resolution has been crippled. Evolving since the second world war it saw many iterations. The first goal of this thesis is to explore the nature of the different dispute settlement regimes of the ITO, the GATT and the WTO and determine whether they constitute a judicial or a diplomatic system. The second goal of this thesis is to analyze the Appellate Body crisis. With no resolution in sight, a group of members agreed to sign the Multi-party Interim Appeals Arrangement (MPIA), resorting to arbitration in place of the non- functioning Appellate Body. The US has raised numerous objections to the practice of the Appellate Body and the thesis shall touch upon a number of them with a thorough discussion, mainly on the extent of its authority and the limits of its functioning. The thesis will examine the criticism of the US, counterarguments and whether the MPIA rectifies any of the perceived shortcomings. Key Words: Multilateral Trading System, the World Trade Organization, the Appellate Body, the MPIA, dispute...
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Reform of the system of dispute resolution within the World Trade Organization
Svoboda, Ondřej ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
This thesis the Reform of the WTO Dispute Settlement System, deals with urgent questions about the most important system resolution in international economic law. The WTO Dispute Settlement was established in 1995 and since then it has become a prime example of evolution in the field of international dispute resolution. The system itself has indeed its flaws and therefore its critics. Even its "founding fathers" indented to conduct a reform of the mechanism after few years in action. However, the reform has not yet materialised. The aim of the thesis is to discuss the state of negotiations over the reform of the system, in particular in context of power and rule orientation, and to analyze possible causes of the current state. The thesis is composed of six chapters. Chapter One offers brief characterization of the WTO Dispute Settlement and its main document Understanding on rules and procedures governing the settlement of disputes (DSU), which is found in Annex 2 of the WTO Agreement. Chapter Two chronologically follows the so far unsuccessful development of DSU Revision in WTO. In international trade disputes, two ways of their settlement are recognised: power-oriented and rule-oriented. Both methods are described in Chapter Three. The Chapter Four focuses on the institutional dimension of the...
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Reform of the system of dispute resolution within the World Trade Organization
Svoboda, Ondřej ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
This thesis the Reform of the WTO Dispute Settlement System, deals with urgent questions about the most important system resolution in international economic law. The WTO Dispute Settlement was established in 1995 and since then it has become a prime example of evolution in the field of international dispute resolution. The system itself has indeed its flaws and therefore its critics. Even its "founding fathers" indented to conduct a reform of the mechanism after few years in action. However, the reform has not yet materialised. The aim of the thesis is to discuss the state of negotiations over the reform of the system, in particular in context of power and rule orientation, and to analyze possible causes of the current state. The thesis is composed of six chapters. Chapter One offers brief characterization of the WTO Dispute Settlement and its main document Understanding on rules and procedures governing the settlement of disputes (DSU), which is found in Annex 2 of the WTO Agreement. Chapter Two chronologically follows the so far unsuccessful development of DSU Revision in WTO. In international trade disputes, two ways of their settlement are recognised: power-oriented and rule-oriented. Both methods are described in Chapter Three. The Chapter Four focuses on the institutional dimension of the...
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Decision of the World Trade Organisation: Questions of Interpretation and the Influence on International Trade Practice
Soukupová Ivančíková, Jitka ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee) ; Švarc, Zbyněk (referee)
The World Trade Organization ("WTO") and its dispute resolution systém is unique in the international economic law, reasons are following: (i) enforcement, (ii) two-level proceding, (iii) exclusive jurisdiction of the Dispute Settlement Body ("DSU"). DSU continues to follow the case law based on GATT 1947 however develops more complex rule of law. How successful DSB is in this task is subject of examination of the thesis. Thesis is divided into two parts: theoritecal and practical. First chapter explains aim of the DSU, comparison of procedural rules with GATT 1947. Following, the second chapter explains the hard law and procedural rules, function and aim of WTO, followed by ideas for improvement of the dispute settlement. Last chapter of this parts is dedicated to methods of interpretation. The second part, practical, analyses the case law of DSU from its establishment in 1995 until now. It analyses possible conflicts between agreements of WTO or conflicts that arise during acting based on the agreements. Among the first cases belong the discrepancies between main 3 agreements - GATT 1994, GATS and TRIPS and cases such as Canada - Periodicals or Argentina- Textiles and Apparel, Indonesia - Auto; another group of cases represents isme of conflict between WTO agreement and other agreement of public...
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Administrative torts and misdemeanors according to the construction law
Svoboda, František ; Cvik, Eva Daniela (advisor) ; Jan, Jan (referee)
This degree thesis deals with administrative torts and misdemeanours according to the construction law in the Czech Republic. First, the paper describes in general the development of imposition of administrative sanctions together with legislation currently in force, focusing on individual facts of administrative torts and misdemeanours according to the construction law. In compliance with its objective the degree thesis is focused namely on the legislation in force, basic principles and rules of administrative proceeding, application of relevant legal regulations and procedures within administrative proceedings differentiated according to the nature of the person being sentenced. The procedures and possible decisions in administrative proceedings are presented in the thesis both from the view of the first-instance authority and the appellate authority, including other methods of defence against decisions issued. Based on the data obtained from employees of building authorities the degree thesis also describes the development of behaviour of persons in the Region of Pilsen while respecting the construction law and summarizes the problems occurring in administrative proceedings. It also follows up the relations of administrative proceedings and factors causing infringement of the construction law and offers possible solutions for better general awareness of the existence of legal regulations and possible sanctions imposed for the breach thereof.
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